anderson v. Msi Preferred Insurance Co‪.‬

1 Anthony and Naomi Anderson ("Anderson") seek review of an unpublished court of appeals decision that concluded the circuit court properly exercised its discretion by awarding Accident Fund Insurance Company nearly $7,500 in attorney fees and costs as part of the reasonable costs of collection in a third-party settlement distribution under Wis. Stat. § 102.29(1) (2001-02). Anderson v. MSI Preferred Ins. Co., No. 2003AP1880, unpublished slip op. (WiS.Ct. App. Feb. 10, 2004). Anderson argues this court should reverse the court of appeals decision on either of two grounds: (1) conclude that for a workers compensation carriers attorney to join in the pressing of the claim against the third-party tortfeasor requires the attorney to demonstrate that his or her activities substantially contributed to obtaining recovery from the third party; or (2) agree that Accident Funds failure to produce any evidence of hours worked and rate charged requires overturning the circuit courts exercise of discretion.